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Bell v Tavistock and Portman NHS Foundation Trust and others – requirements for consent under Gillick
On 1st December 2020 the Divisional Court gave judgment in this unusual judicial review involving the circumstances in which a child or young person under 18 may be competent to give valid consent to treatment in law for the use of hormone or puberty blockers for gender dysphoria, and the process by which consent to treatment is obtained.
Henderson v Dorset Healthcare University NHS Foundation Trust [2020]
Pleading ex turpi causa is attractive for defence solicitors but, historically, it has been a difficult defence to succeed with. Defendants needed to establish both causation (that the injury was caused by the illegal act, rather than the alleged negligence) and proportionality (that the crime was so serious that the claimant should not be awarded damages).
Incorporation of GP practices – what the NHS may require
GP practices wanting to incorporate will be considered in line with new guidance issued by the NHS. GP enquiries about incorporating their practices or forming PCN companies have risen in part driven by the added liability created by PCNs and other "at scale" providers.
Claimant found guilty of criminal act cannot claim damages against negligent NHS trust
The Supreme Court has now handed down its judgment in the long and sad case of Ecila Henderson v Dorset Healthcare University NHS Foundation Trust. The judgment puts to rest the issue of whether a claimant who has been found guilty of a criminal act can recover damages from the party whose original negligence gave rise to the situation where the claimant was able to commit the criminal act.
Should I become a partner as a practice manager?
Justin Cumberlege from specialist healthcare law firm Hempsons flags up some of the issues to be considered before joining the partnership
The Cumberlege Review – our safety cultures need a fix
Two recommendations could lead to far more information being published about individual practitioners’ areas of clinical accreditation and financial interests
Rob Newbould and Paul Parsons join Hempsons’ Regulatory and Crime Team
Two new joiners for Hempsons' Regulatory and Crime Team. Rob Newbould will arrive from Slater and Gordon and Paul Parsons from Cartwright King.
Supply and demand in the time of Covid
With a busy flu vaccination season, surgeries have had to juggle supplies with unprecedented demand - In ordinary circumstances surgeries, without a wholesale dealers license, are not permitted to share vaccines amongst themselves. Though in the past the MHRA has issued an exemption allowing this
NHSX Information Governance Portal
On 1st October 2020, NHSX launched an Information Governance (IG) portal to bring together national guidance on how to manage and share information appropriately.
Great results for Hempsons in the Chambers UK Guide 2021
We are delighted to announce another outstanding year for Hempsons in the Chambers UK Guide. Hempsons has been ranked in six practice areas across our four offices.
What you need to know about new partner incentive payments
The NHS New to Partnership Payment Scheme (N2PP) provides funding to encourage clinicians to take on partnership roles in GP practices. In this article, Alison Oliver (a partner at Hempsons) runs through the main features of N2PP and summarises some key considerations for both the practice and for a new partner joining a practice.
PCN companies – subcontracting restrictions relaxed
We are increasingly being asked by PCNs to advise on whether they can form companies to carry out network activities.
Covid-19: Key legal considerations arising from the pandemic
Hempsons and NHS Providers launch guide covering the legal liabilities that are likely to arise due to the pandemic.
Hempsons celebrate another great year in The Legal 500
We are delighted to announce another outstanding year for Hempsons in The Legal 500. Our team has been praised for its exceptional reputation and high quality of work over the past year.